Medical marijuana: Jury clears Kaleb Young, caretaker who had no red card

Categories: Marijuana

kaleb young.jpg
Big pic below.
Last Friday, medical marijuana caretaker Kaleb Young, in the company of attorneys Rob Corry and Travis Simpson, retrieved a pickup-truck full of marijuana and equipment from the Larimer County Sheriff's Office.

Thus ended a fourteen-month legal odyssey that began with a SWAT team bust and ended with a jury acquitting Young of felony charges even though he didn't have an MMJ registry card at the time of his arrest.

According to Corry, Young, a 33-year-old Timnath resident, served as a caretaker for multiple patients -- prosecutors only acknowledged five due to restriction in the state's MMJ regulations, Corry says there were more -- and had a doctor's recommendation for fifty plants. However, his application for a red card was in limbo through much of 2010 because, at that time, the Colorado Department of Public Health and Environment was many months behind in processing the paperwork.

rob corry and kaleb young.JPG
Photo by Diane Humm
Rob Corry, Kaleb Young and co-counsel Travis Simpson pick up confiscated equipment last Friday.
In the meantime, various law enforcement agencies had their eye on him. "They started looking at his residence that June" he says. "Multiple police officers went over there, made observations, pulled power records. They spent hundreds of hours working this up. It was ridiculous."

Then, in September, officers raided Young's home, and they came in force. Says Corry, "They had eighteen SWAT-level officers wearing battle dress uniforms, many of them carrying assault rifles. They ripped Kaleb out of his house with guns drawn -- this for a guy who had no criminal record -- and did the same thing to his mother."

To their presumed chagrin, the cops found "nothing" at Young's home, Corry allows. But a warehouse space contained "a small grow -- fifty plants, some of them dying, cared for by an amateur grower with piles of documentation."

What he lacked, of course, was a red card, which may have inspired his prosecution "to the fullest extent of the law," Corry says. "They charged him with three felony counts: cultivation, possession with intent to distribute, and possession of over eight ounces, which was felony level at that time. And they never made a reasonable offer to settle the case. They insisted on a felony, and there's no way I'd let a client in that situation take a felony."

As a result, the case dragged on for more than a year before Young came out on top. Still, it wasn't a slam dunk. "I think the jury was ambivalent," Corry concedes. "They wrote a note saying they're concerned about how some people can game the system. But the not guilty verdict speaks louder."

Hence the trip Young, Corry and Simpson took to the Larimer County Sheriff's Office on Friday. Corry says some of the plants they retrieved were still alive, but many weren't. Even so, Young should be able to start over -- and now he has a couple of things he didn't just over a year ago.

A red card. And confirmation that keeping all your paperwork is a really good idea.

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More from our Marijuana archive: "Medical marijuana: Richard Wainwright case shows 6 plant limit can expand, attorney says."

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45 comments
Lubuilder
Lubuilder

Many comments are true but not fundamental .. the sheriffs came with a warrant that sited completely false information and was chalk full of observations made by sheriff Peter Massacre that were never substantiated and evidence of such accusations could not be provided by him or any member of the sheriffs office.. A judge signed it and allowed for the raid.. furthermore this case was handled by 2 separate DAs as the case progressed and neither one could find the common sense to drop the charges.??? I won't go into all the missteps made by shersheriff Massacre. Anyone thinking about growing better talk to Rob Corey first..TRAVIS U DID GOOD AT TRIAL!

someguy
someguy

The knit-witted nincompoopery of the Larimer County Sheriff's Office never ceases to amaze.  Seems like Sheriff Smith is following the path of failed medical marijuana prosecutions started by his predecessor, the good sheriff Alderden.  Both men seemed unable to grasp the concept of medical marijuana and constitutional law.  In a time when the Larimer County Sheriffs department constantly cries about budget shortfalls, you'd think they would have enough common sense not to waste money on frivolously short-sighted medical marijuana cases.....what a pity and a waste. 

Lakewood
Lakewood

Mr. Roberts- Thanks for taking the time to write about Mr. Young. I had the opportunity to attend the trial and was very disappointed by the police and the Judicial process in this matter. You have just begun to peel the onion, there is so much more to this story. For starters early on in the investigation the sheriff had Mr. young pulled over by the State Patrol just to "verify who is passenger was." Last time I checked this was the United States and our Constitution protects us from such violations. Upon raiding Mr. Young's house while in handcuffs he told the officers to locate his backpack in his vehicle which had all of the paperwork that was needed to prove that he was operating under the Colorado Constitution. In the fourteen months leading up to the trial the police never sought to validate the paperwork. it was finally validated in court by a representative of the Colorado Dept. of Health, which the prosecutor tried to have the their (health Dept) testimony withheld from the jury.In another instance a Sheriff testified under oath that MM was a "farce' and that there was no such thing as MM. This officer took an oath to uphold the Constitution of Colorado which clearly states that there is such a thing as MM. I urge you to stay on this story, find out how much this boondoggle cost the citizens of Larimer County and help protect the rights of our citizens as well as preserve the integrity of the Judicial System.

Coinspinner
Coinspinner

I'd sue for those dead plants.  Let's see, at DEA rates isn't each marijuana plant worth a street value of $100,000,000?

Robert Chase
Robert Chase

Go Rob!

So Young received "confirmation that keeping all your paperwork is a really good idea" -- that'll learn him, but what about the taxpayers of Larimer County?  They get a hefty legal bill for a Christmas gift, but do you suppose that their elected Sheriff and other officials have learned anything that might prevent them from repeating the same blunder?  More to the point, what is to stop their incompetent Sheriff from pulling the same stunt all over again?  Until cannabis is legalized there will always be grandstanding idiots like Justin Smith who freely abuse their power because they know they can get away with it.  I am sure that there are any number of prohibitionists in Larimer who approve of the false arrests and theft of personal property even when rebuked by the courts and who would bankrupt the County to try to stop its citizens from growing cannabis in sheds.

David Mowers
David Mowers

You pot loonies have a day of reckoning coming when Mitt Romney becomes the next POTUS. Colorado will be a war zone.

Colorado Mmj Patient
Colorado Mmj Patient

Keep stacking up these precedents. Hopefully the police will start to get the point about leaving MMJ ALONE! Why don't they go bust some meth heads or something?

Wayward Bill
Wayward Bill

Good job Rob and Travis. Justice served and skewered. Beers Friday?Peace, Pot, Politics,Wayward Bill ChengelisChairman, US Marijuana PartyChairman, US Marijuana Party of ColoradoAsst. Director, Denver 4/20 Rally

GetReal
GetReal

When did caregivers start receiving red cards? 

Patients receive red cards and can have their caregiver's info stated on them, but the CDPHE does not issue red cards for caregivers.  Caregivers are forced to keep copies of patients records that have their name on them.

Monkey
Monkey

 "prosecutors only acknowledged five due to restriction in the state's MMJ regulations"I now have multiple waivers approved to serve more than 5. I understand why some people think the registry is not worth it because in this case the "department" was responsible for this poor guy getting in trouble, no card and probably no record of receiving his application and of course they waited till now to issue waivers for more than 5 patients. I don't know the details but I would consider suing the health dept. Their lack of action was a direct result in loss of property/medicine, time and attorney fees, not to mention the poor patients that were depending on this guy. Now there are more delays in the system, It's becoming hard to defend the department, I get paperwork back for no 4 digit year, as if I have been holding on to it since 1911.

Chas Holman
Chas Holman

I wonder how much this little stupid stunt by law enforcement cost the taxpayers this time.

TimothyTipton
TimothyTipton

GREAT RECOVERY OF MMJ Medicine & CONGRATULATIONS to Attorney Rob Corry, Jr.!

It is interesting to note, AT LEAST the Larimer County Sheriff's released the cannabis evidence. As you may recall in the Frank Marzano case, following a Colorado Court of Appeals WIN, the Fort Collins Police Department reported that they would NOT return the cannabis medicine, "As a matter of Policy."

sojournerC
sojournerC

When did caregivers become caretakers? 

Sharpshooter
Sharpshooter

I think you meant to say, "When Obama gets re-elected", because there isn't one Republican candidate worth a pisshole drilled in a snowbank.

Lakersfan2784
Lakersfan2784

Ron Paul would say "Damn right!" Actually Ron Paul wouldn't bust the speed freaks he would try to get them into a rehab program, "intervention!" Stop treating people who "really" need help like they are criminals because that is criminal. Sorry Ronny, you're like the grandfather I never had but we don't need a radical, we need a radical change in the way we treat each other.

David Mowers
David Mowers

" I don't know the details but I would consider suing the health dept."

Idiot. You don't bite the hand that feeds you, attacking the State will anger employees to the point where they forward your personal information to D.E.A. dummy. What this guy and you are doing is illegal at a federal level. In fact, any money you collect from marijuana for ANY reason that is used to pay for anything and/or deposited in a bank account is for each instance a money laundering charge punishable by 3-5 years each. It people like you that ruin everything for everyone else because you are so short sighted and single minded. At any point anyone from the State level can destroy you by alerting D.E.A. to your illegal grows. Illegal means ANY amount of plants for ANY reason genius.

Guest
Guest

Yes, SUE THE CDPHE! I wonder if the "delay" in processing his application was because of the 50 plants. The CDPHE seems to selectively process applications. Contrary to what CDPHE employees may think, the CDPHE is not in charge of policing the medical marijuana program. Funny that so many rules and regulations get changed as a result of the "anonymous" medical marijuana registry. Statistics and assumptions should not be made based on private patient information. The CDPHE should only be housing patient information to protect patients from prosecution, not assist prosecution. By not processing the victim's application in the time required by the constitution the CDPHE caused this man and his family harm. Sue the CDPHE.

Mmjraids
Mmjraids

I also wonder. Veronica was recently "busted" and i heard they only found a collective grow, collective meds and $280 total. What did a 3 month investigation cost, did they even know she was running a collective before the waste of time and her personal and professional damage?  My guess is over $200,000+?

Maybe Mr. Roberts will look into the cost of all these bust, with out without MMEDs assistance.

Malcolm Kyle
Malcolm Kyle

I know this doesn't answer your specific question but you may be pleased to know that the U.S. federal government spends about $500 per second on the failed policy of Prohibition. http://www.drugsense.org/cms/w...

Caregiver
Caregiver

Personally, I much prefer being a caregiver as opposed to a caretaker simply because I prefer to give care rather than take it. :)

High Country Caregiver
High Country Caregiver

As a caregiver I have become used to being called both caretaker and caregiver, the names are synonymous these days in our great pot state of Colorado.

David Mowers
David Mowers

Pyrrhic victoryn:   a victory in which the victor's losses are as great as those of the defeated Also called Cadmean victory[named after Pyrrhus (319-272 bc), king of Epirus (306-272), who defeated the Romans at Asculum in 279 bc but suffered heavy losses]

Wayward Bill
Wayward Bill

You slammed Rob the other day. You sure do a good about face or is it that you do a good two faced?

Robert Chase
Robert Chase

That DISQUS central cannot detect a bot which always registers its name as lsly__ indicates its inadequacy.  WW is apparently supposed to police its own forum manually, and they don't work on weekends.

David Mowers
David Mowers

Obama is just as bad really the government is on a "revenue drive" and the U.S. military is offering unlimited assistance to police + federal agencies to stop their funding from being cut by the Super Congress. Things are about to get scary for easy targets like say...pot growers in Colorado who are in violation of federal law. Count on it.

Monkey
Monkey

Calm down little girl, it's just as illegal to grow weed as it is for the health dept to "alert" the DEA. Don't pretend you know the law.

David Mowers
David Mowers

According to F.D.A. rules the State cannot hide evidence of violations by individuals in their registry process. Whether you like it or not any information collected by the State of Colorado is going to end up in the hands of the F.D.A. and then it goes straight to the Justice Department (who acts on behalf of the F.D.A. for violations) who then allow D.E.A. to view it. If you had a BRAIN you wold just get a prescription and grow your own for personal use without registering as a provider. Registering as a provider guarantees a D.E.A. raid at some future date just look at Montana they did the same thing and here are the results once D.E.A. came to town;

Enactedin 2004 Montana legalized medical marijuana for the sick and dying. Since thenthis iconic western State of 989,415 has opened a whopping 4,438 marijuanadealing stores! That is one public dope dealing store front for every 222citizens!Sincethe D.E.A. began raiding Montana dispensaries this past March guess how many ofthem stayed open because they think they are "legal"? 8.5% or 378total from 4,438 a 91.5% decrease! In plain English, 91.5% of the medicalmarijuana providers were... JUST IN IT FOR THE MONEY.

High Country Caregiver
High Country Caregiver

Wayward, I never slammed Rob or anyone.  Show me the quote that you are talking about if you need to point the finger at me.... I understand your confusion, and offer up that there are at least 5 businesses in Colorado operating under 'High Country Caregiver', and hope that you simply have me confused with someone else. It is in fact 'two faced' as you say, or rather 2 different humans faces that got your up in a bundle.  Rob Cory will always be a ganja warrior in my mind, and as always it's great to read your posts Wayward Bill. Get High and Have Fun! Jah Bless the great pot state of Colorado!

Sharpshooter
Sharpshooter

The feds can't even track machine guns from here to Mexico. You're saying they're gonna sweep in and arrest 100,000+ smokers and growers (just in Colorado, forget the rest of the nation. Probably 50-100 times that number!)? With what personnel? The National Guard is busy guarding every other nation BUT America. It ain't gonna happen!

Monkey
Monkey

FDA? Guaranteed DEA raid because you're on a confidential registry? Are you really that stupid or are you just trying to make others stupid?

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